In Stastny v. Dependable Turbines Ltd. 2009 BCSC 1648, the court addressed the notice period, a claim for unpaid overtime and a claim for aggravated or punitive damages.
The 51 year old machinist with 20 years service was dismissed without cause. The court awarded him a notice period of 15 months. The fact that the employee had been laid off and rehired on several occasions did not, the court concluded, effect the duration of his employment for the purposes of calculating his notice period.
The employee had regularly worked more than 40 years a week but had not received overtime pay. This was confirmed by time sheets produced by the employer, which showed that the employee only received his regular wage for overtime hours worked. The employer argued that it had an agreement with the employee to this effect. read more »
The BC Supreme Court judge in Johnston v. Surrey (City), 2009 BCSC 1520, refused to award special costs in a case where a unionized employee filed a lawsuit in court against his employer alleging constructive dismissal.
The long term employee filed a lawsuit in spring 2008 against the defendant employer (and a named individual) alleging that he was constructively dismissed.
Upon receipt of the Statement of Claim, the employer advised the employee of its position that:
- the circumstances giving rise to the constructive dismissal - a layoff - occurred in 1995 and 1996 and thus were time barred by the limitation period set out in the BC Limitation Act; and
- the employee was a unionized employee and therefore the claim was not within the jurisdiction of the court.
The employee further requested that the Claim be withdrawn failing which the employer would bring an application to strike the Claim pursuant to Rule 19(24) and seek special costs read more »
André Nowakowski, a lawyer at Miller Thomson LLP, has written a brief entitled, "Limitation Period Revised for Wrongful Dismissal Claims" (January 23, 2004) in which he writes that the limitation period for wrongful dismissal claims in Ontario has been reduced from six years to two years.